M/S BVL VILLAS vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:58834
WP No. 20971 of 2024


CNR: KAHC010447452024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO.20971 OF 2024 (GM-RES)

BETWEEN:

M/S BVL VILLAS
SY.NO.10/3, CHORANAHALLI
VARUNA HOBLI
MYSURU TALUK AND DISTRICT
PIN - 570 010.





[

REPRESENTED BY ITS MANAGING DIRECTOR
MR. BELLAM RAVICHANDRA
REGISTRED UNDER 58(1) THE INDIAN PARTNERSHIP
ACT, 1932
…PETITIONER
(BY SRI. GIRISHA T.R., ADVOCATE)





AND:

1. STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M S BUILDING
BENGALURU - 560 001

Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA


2. MYSURU URBAN DEVELOPMENT
AUTHORITY, BY ITS COMMISSIONER
MYSURU - 570 001

3. THE TAHSILDAR
MYSURU TALUK,
MYSURU - 570 001

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4. THE INSPECTOR OF POLICE
ALANAHALLI POLICE STATION
MYSURU TALUK - 570 001
…RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROPOSED ACTION OF DEMOLISHING THE BRIDGE AS SHOWN
IN THE PHOTOGRAPH, PRODUCED AT ANNX-D, D1 TO D3 BY
VIRTUE OF DIRECTION BEARING NO. L.N.D (V.A).P.R.290/22-
23 DATED 10.07.2024 ISSUED BY THE TAHSILDAR, MYSURU
TALUK, MYSURU COPY OF WHICH IS PRODUCED AT ANNX-E TO
MEET THE ENDS OF JUSTICE EQUITY AND LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER


Learned HCGP accepts notice for the respondents.

2. The petitioner is before this Court calling in
question the communication dated 10.07.2024, produced
at Annexure-E, addressed by respondent No.3/Tahsildar to
the jurisdictional police, seeking police protection for the
removal of the alleged encroachment in the lands bearing

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HC-KAR
NC: 2026:KHC:58834
WP No. 20971 of 2024


CNR: KAHC010447452024



Sy.Nos.77, 86, 88 and 89 of Choranahalli Village, Varuna
Hobli, Mysuru Taluk.

3. It is stated in the said communication that,
while developing roads and buildings in the aforesaid
lands, the petitioner has constructed a bridge by
encroaching upon the land in question and that the
removal of the alleged encroachment was scheduled on
25.07.2024.

4. The grievance of the petitioner is that, before
issuing the communication dated 10.07.2024 to the
jurisdictional police, no notice was issued to the petitioner
on the basis of the survey reports referred to in
Annexure-E.

5. It is further contended that no notice was
issued to the petitioner even at the time of conducting the
survey of the land in question and that the survey was
conducted without the petitioner's knowledge or
participation. It is therefore submitted that the
proceedings initiated by respondent No.3 for the removal

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HC-KAR
NC: 2026:KHC:58834
WP No. 20971 of 2024


CNR: KAHC010447452024



of the alleged encroachment is in violation of the principles
of natural justice and contrary to Rule 39 of the Karnataka
Land Revenue Rules, 1964.

6. An impleading application has been filed by a
person claiming to be the complainant before the
competent authority. It is stated that the proceedings for
the survey and removal of the alleged encroachment were
initiated by the respondent authorities pursuant to the
complaint lodged by the impleading applicant.

7. Learned HCGP, on instructions, submits that no
notice was issued to the petitioner either before issuance
of the communication dated 10.07.2024 or at the time of
conducting the survey. It is further submitted that an
opportunity may be provided to the respondents to issue
notice and obtain the reply from the petitioner and
thereafter, the respondent-authorities would consider the
reply and pass appropriate orders in accordance with law
before taking further action.

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8. On reading of Annexure-E dated 10.07.2024
does not indicate that any enquiry was conducted, or that
the person against whom the allegation of encroachment
was made was afforded an opportunity of hearing, before
respondent No.3 requesting the jurisdictional police to
provide protection for the removal of the alleged
encroachment.

9. Learned counsel for the petitioner categorically
submits that, prior to initiation of the proceedings
culminating in the issuance of Annexure-E, no notice was
issued to the petitioner either in relation to the alleged
encroachment or in relation to the survey of the subject
lands.

10. In the facts and circumstances of the case, this
Court is of the opinion that the proceedings contemplated
pursuant to Annexure-E cannot be permitted to be
proceed further without affording the petitioner an
opportunity of hearing. Accordingly, the communication
dated 10.07.2024, produced at Annexure-E, though

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WP No. 20971 of 2024


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addressed to the jurisdictional police, is hereby quashed.
The matter is remitted to respondent No.3 for fresh
consideration in accordance with law.

11. If the petitioner's contention is that no notice
was issued even at the time of conducting the survey of
the land in question, respondent No.3 shall conduct a fresh
survey of the subject lands in the presence of the
petitioner, after issuing due notice. Respondent
No.3/Tahsildar shall issue notice to the petitioner, furnish
or make available the relevant survey report and obtain
the petitioner's reply. Thereafter, respondent No.3 shall
consider the reply and take appropriate action in
accordance with law.

12. If respondent No.3 conducts an enquiry
pursuant to the survey of the subject lands, the
impleading applicant, who claims to have lodged the
complaint before the authorities, shall be at liberty to
participate in the proceedings before respondent No.3.

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HC-KAR
NC: 2026:KHC:58834
WP No. 20971 of 2024


CNR: KAHC010447452024




13. In view of the aforesaid observations and
directions, the writ petition stands disposed of .

14. The proceedings remanded to respondent No.3
shall be concluded within a period of three months from
the date of receipt of a copy of this order.

15. In view of the disposal of the petition, all
pending interlocutory applications, if any, stand disposed
of.


Sd/-
(T.P.VIVEKANANDA)
JUDGE




TMP
List No.: 1 Sl No.: 33